Articles

The Distortion of Islam`s Good Image by Enemies
Author : The Board of Iftaa`, Research and Islamic Studies
Date Added : 08-10-2014

 

The Distortion of The Tolerant Image of Islam`s by Enemies and Extremists

 

Islam is a comprehensive, global, divine religion with which Allah, The Almighty sent our Prophet Mohammad (PBUH) as a mercy to the Worlds and as a savior to humanity from temptation and straying from the right path through propagating what is right and just as well as calling people to follow the way of Allah with wisdom and beautiful preaching; therefore, the Prophet delivered the message of Allah and fulfilled His Trust. As a result, the bright image of Islam was reflected on the whole universe and Muslims started propagating the values of tolerance, justice, and human dignity in adherence to Allah`s injunction, whereas; He The Most Exalted Says in following verse (What means): "God commands justice, the doing of good, and liberality to kith and kin, and He forbids all shameful deeds, and injustice and rebellion: He instructs you, that ye may receive admonition." [An-Nahil/90].

Islam has done its part in establishing noble human values that propagate justice, tolerance, and mercy. Similarly, Muslims have done their part in founding human civilization throughout the different stages of history. However, nowadays, we can clearly notice the barbaric campaign, against this religion, which aims at degrading it and distorting its true image. This campaign is orchestrated by enemies and by some Muslims as well.

Enemies have manipulated extremist groups and so, they depicted Islam as their enemy, over distorted its image, and done wrong to its Prophet (PBUH). Consequently, , The Message of Amman-the message of the true Islam- was released in 2004 as a warning against this distortion, and as a denouncement to terrorism regardless of its form, or source, which is embodied in transgressing against human life through killing the innocent and terrorizing the peaceful.

Non-adherence to the righteous path by some doesn`t legitimize stigmatizing Islam and Muslims with extremism and terrorism. It is imperative that scholars, intellectuals, and people of bright minds clarify the true image of Islam as well as its great principles. They must also refute the suspicious matters of the extremists and reflect the true nature of extremism and methods of addressing it since a true Muslim is one who calls to the way of Allah with wisdom and beautiful preaching as He, The Most Exalted Says (What means): "Invite (all) to the Way of thy Lord with wisdom and beautiful preaching; and argue with them in ways that are best and most gracious: for thy Lord knoweth best, who have strayed from His Path, and who receive guidance." [An-Nahil/125].

We, The Board of Iftaa`, Research and Islamic Studies, stress a number of principles that can`t be manipulated under any circumstance. The most important of these is that any transgression against life, wealth and honor is forbidden since protecting them is among the aims of Islamic Law. Another principle is confirming the maintenance of social peace and security for the Prophet says in this regard: "He who sleeps safely among his people, enjoys good health, owns his daily food is as if he owns the whole world." A third principle is to bring forward the bright image of the moderate Islam, which is free from all aspects of extremism, terrorism and transgression.

Accordingly, we call on all Jordanians to unite steadfastly against calls of violence, extremism, bloodshed, and to be aware of biased rumors, and not to circulate them without considering the consequences and evils which could lead to the destruction of society and undermining its pillars.

We also call on the various means of mass media to carry out their role in portraying the true image of Islam, not to trust rumors, and to solidify the true Islamic values. This is because media shoulders a great responsibility as it represents the conscience of the nation and society. Thus, it is incumbent on those working in this field to do their job responsibly without distortion, counterfeiting, or exaggeration since a word is a dangerous weapon which can be double-edged since once it is true, reliable, and good it leads to goodness and construction, but once it is untrue, unreliable, and corrupt it leads to evil and destruction.

We beseech Allah The Almighty to keep our country safe and secure through the united efforts of its loyal citizens, Amen. And all perfect praise be to Allah The Lord of The Worlds.

 

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Summarized Fatawaa

What is the ruling of Islamic Law on compensating the patient in case of medical error on the part of the treating physician?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The foundational principle is that every mistake issued by a physician that causes harm to another due to his negligence or lack of expertise obligates him to guarantee liability and compensate the harmed party. The Sharia maxim, in this regard, states: "The direct actor is liable."
 
Ibn Qudamah (may Allah have mercy on him) says: "As for if he was skilled but his hand committed an error—such as exceeding the proper limit of incision, cutting in an incorrect site, cutting with an instrument that inflicts excessive pain, or cutting at an unsuitable time—he is liable, because it is destruction (Itlaf) whose liability does not differ between intent and mistake, thus resembling the destruction of property; and because it is a prohibited act, so he guarantees liability for its secondary effects." [Al-Mughni].
 
However, if the physician performed what was necessary in the most complete manner and took all measures of care and caution, but complications occurred that could not be avoided according to specialists, then no liability rests upon him.
 
Shaykh al-Islam Imam al-Nawawi (may Allah have mercy on him) says: "The cupper and the circumciser bear no liability if they have not been negligent, and likewise the veterinarian if he bleeds an animal and it perishes." [Rawdat al-Talibin].
 
Al-Khattabi (may Allah have mercy on him) said: "I know of no disagreement that if the practitioner transgresses and the patient perishes, he is liable. Anyone who undertakes knowledge or practice he does not know is a transgressor; so if perishing arises from his action, he is liable for the blood-money (Diyah) while capital retaliation (Qisas) is dropped from him, because he did not act independently without the patient's permission. And the physician’s offense in the view of the generality of jurists is borne by his agnates ('Aqilah*)."* [Ma'alim al-Sunan].
 
If negligence or transgression is established against the physician, it is necessary to compensate the patient or seek forgiveness from him. And Allah Almighty knows best.

Is it permissible for one who sacrifices on behalf of another, with the latter's permission, to eat from the sacrifice?

It is permissible for someone who sacrificed on behalf of another with their permission to eat from it with their permission, and they stand in their place (act as their representative) in distributing it.
 
It is stated in Nihayat al-Muhtaj ila Sharh al-Minhaj (Vol.8/P.141): "And he—meaning the one sacrificing on his own behalf, provided he has not apostatized—has the right to eat from a voluntary sacrifice and his sacrificial gift; rather, it is recommended. As for an obligatory sacrifice, it is forbidden for him to eat from it, whether it was designated as such initially or as a liability in his dhimmah. And excluded by what has preceded is if he sacrifices on behalf of another, or if he apostatized, then it is not permissible for him to eat from it, just as it is absolutely impermissible to feed a disbeliever from it."(The text I found indicates the impermissibility of eating) ???
 
And it is stated in Hashiyat al-Jamal ‘ala Sharh al-Manhaj (Vol.5/P.262): "If a person offers a sacrifice on behalf of a living person with their permission, does he act as their representative in distributing it—on the grounds that permission to sacrifice is permission to distribute it—or does it depend on their explicit permission? This requires consideration, but the first view is not far-fetched." And Allah the Almighty knows best.

Is it acceptable to perform the Aqiqah for a male child by slaughtering and distributing the first sheep, and bringing the second one cooked from the restaurant?

 

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.

It is permissible to slaughter the first sheep with the intention of Aqiqah (the newborn's sacrificial offering) and distribute it entirely [uncooked], and to slaughter the second sheep and have it cooked at a restaurant to bring home for the household. However, it must be noted that it is obligatory to give some portion of the Aqiqah in charity to the poor, even if it is a small amount, though it is preferable to send the food cooked to them.

Buying a pre-cooked, ready-made sheep from a restaurant does not suffice as an Aqiqah. However, if an agreement is made with the restaurant to explicitly slaughter a sheep with the intention of Aqiqah for the newborn, and then cook it afterward, this is permissible.

In conclusion, slaughtering the sheep and distributing it with the intention of Aqiqah is permissible, and through it, the foundational prophetic tradition (Sunnah) is fulfilled. As for simply buying a cooked sheep from a restaurant that was not specifically slaughtered with the intention of Aqiqah, it will not count as such. Conversely, if the restaurant owner is commissioned (Wakala) to handle both the slaughtering and the cooking as an Aqiqah, it is valid. And Allah the Almighty knows best.

What is the ruling on making up missed prayers during prohibited times?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to make up (qada’) missed prayers at any time, even during the periods when prayer is generally prohibited. The prayers that are forbidden and considered invalid during these times are 'absolute voluntary prayers' (nafl mutlaq)—which have no specific cause—and voluntary prayers whose cause follows the prayer itself, such as the Sunnah of entering Ihram or the Sunnah of the Istikharah prayer. Furthermore, no prayer is considered disliked (makruh) during these prohibited times when performed within the Meccan Sanctuary (Makkah al-Mukarramah).
 
It is stated in Bushra al-Karim (Vol.1/P.181), one of the Shafi’i texts: 'It is not forbidden to perform prayers that have a cause that is not delayed (i.e., the cause is preceding), such as making up a missed prayer (fa’itah)—even if it was a voluntary one—and the funeral prayer (janazah); or a cause that is simultaneous, such as the prayer for rain (istisqa’) or the eclipse prayer (kusuf)... and the Sunnah of wudu, the greeting of the mosque (tahiyyat al-masjid), the Sunnah of circumambulation (tawaf), the Sunnah of arrival, and the prostrations of recitation (tilawah) or thankfulness (shukr). These mentioned prayers and their like are not forbidden provided that one does not specifically intend (ta'ammud) to perform them during the disliked time because it is a disliked time. If one does so intentionally, it becomes forbidden, even if it is a mandatory makeup prayer that is due immediately; because in that case, one is acting in defiance of the Sharia. This is in contrast to when one does not specifically seek out that time, even if the prayer happens to fall within it, or if one seeks it for another purpose—such as delaying a funeral prayer to that time so that a larger number of people may pray over the deceased; in such cases, it is permissible and valid... And it is forbidden to perform prayers with no cause at all, like absolute nafl, or those with a delayed cause, such as the Istikharah prayer, the prayer for Ihram, the prayer for a need (hajah), the prayer before leaving the house, or the prayer before execution; because their causes occur after the prayer itself.' And Allah the Exalted knows best."